Liberdade de expressão: humor e política

Abstract

The debate regarding the limits of expression have always been present in several scopes of discussion, whether political, social or academic. Notwithstanding, the analysis of the humoristic manifestation of this right is proposed when it concerns politicians, the people s legal representatives, thus questioned: does humor directed to politicians have constitutional limits? In this sense, the hypothesis of this work is that it shall have a greater tolerance in relation to the comunicative excesses of humor when concentrated to politicians and candidates. To verify if this work theory is subject to being concrete, the solid theoretical base exam was developed to comprehend the concept regarding the right to freedom of expression considering, essentially, of four focuses: a) negative and positive freedom; b) instrumental and constructive justification; c) prima facie preferential position; and d) internal and external theory to the limits of the fundamental rights. Furthermore, it is verified to which interpretation the Supreme Federal Court grants this right. Subsequently, these aspects examined were confronted with being applied to the analysis of the Direct Action of Inconstitutionality No. 4.451 ( jornalistic humor on candidature case ). With this, in conjunction with the theorical base developed, I seek to provide an adequate answer to the problem proposed in this work and, thus, verifying if the hypotheses becomes concrete in face of the Brazilian judicial order